Mike Angel Escalante v. E. Uhren

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

June 30, 2011

MIKE ANGEL ESCALANTE, PLAINTIFF,v.E. UHREN, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Plaintiff is a state prisoner proceeding pro se, who seeks relief pursuant to 42 U.S.C. § 1983. Defendants removed this case from state court and filed a motion to dismiss, pursuant to F.R.C.P. 12(b)(6). Plaintiff filed a non-opposition to the motion to dismiss and requested leave to file an amended complaint.

The motion to dismiss will be granted, and plaintiff may file an amended complaint within 28 days of service of this order. Failure to file an amended complaint will result in a recommendation that this action be dismissed.

In accordance with the above, IT IS HEREBY ORDERED that the motion to dismiss (Doc. 7) is granted as is plaintiff's motion (Doc. 11). Plaintiff's complaint is dismissed, with leave to file an amended complaint within twenty-eight days from the date of service of this Order. Failure to file an amended complaint will result in a recommendation that this action be dismissed.

Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.

Buy This Entire Record For
$7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.